Order No 342 / 2023 Coll.
Order on the scope of financing of the Road and Motorway Directorate and the method for calculating the amount of funds provided by the State Fund for Transport Infrastructure
Valid
Order
Effective from 01.01.2024
Text versions:
01.01.2024
04.12.2023
342
DECLARATION
of 23 November 2023
on the scope of financing of the Road and Motorway Directorate and the method for calculating the amount of funding provided by the State Fund for Transport Infrastructure
The Ministry of Transport provides pursuant to § 3 paragraphs 5 and 6 of Act No. 104 / 2000 Coll., on the State Fund for Transport Infrastructure, as amended by Act No. 184 / 2023 Coll.:
Subject matter
This decree provides
(a) the scope of financing or pre-financing of the activities of the Road and Motorway Directorate (hereinafter referred to as "the Fund"), which are the subject of a contract concluded by the State Transport Infrastructure Fund (hereinafter referred to as "the Fund") with the Road and Motorway Directorate (hereinafter referred to as "the Treaty") for a period of 3 years; and
(b) the method of calculating the amount of the funds provided by the Fund to the Road and Motorway Directorate under contract.
Scope of funding
(1) The purpose of the contract is to finance and pre-finance the activities of the Road and Motorway Directorate (s), to the extent that the costs of providing the activities entrusted to the Road and Motorway Directorate (s) are borne by the Railway and Motorway Directorate (s).
(2) The scope of the financing and pre-financing referred to in paragraph 1 does not include the reimbursement of costs of:
(a) mid-range and large-scale repairs for tunnels in order to restore technology after at least 10 years of tunnel operation;
(b) repairs of bridges of more than 200 metres in length, if their object is also the replacement of the structure;
(c) repair of bridges longer than 500 metres, if the subject matter is also the repair of the whole bridge upper;
(d) the construction and modernisation of first-class motorways and roads, their components and accessories;
(e) the operation of an electronic toll system within the scope of remuneration by the service provider associated with its operation;
(f) the removal of the consequences of force majeure in the event that the event could not be prevented or its consequences could not be averted, even with all the efforts that could reasonably be required;
(g) the elimination of environmental burdens, in particular as a result of the creation of new or extended existing territories with a specific type of protection;
(h) settlement of property relations with the land on which the buildings of the first-class motorways and roads, their components and accessories are located, originating in the activities of the predecessors of the Road and Motorway Directorate.
(i) carrying out activities which are the subject of competition which do not fall within the scope of activities in the form of the administration, maintenance and repair of motorways and first-class roads provided for the State as owner of motorways and first-class roads.
Method of calculating the amount of funding provided
(1) The amount of funds provided by the Fund to the Road and Motorway Directorate under the contract is calculated using the formula
P = kv × kz × {(NQd × Dd) + (NQs × Ds) + [NBU × (Dd + Ds)] + [ND × (Dd + Ds)]},
in which:
(a) "P" shall mean the amount of funds granted for a given calendar year;
(b) "kv" means the indexation coefficient rounded to two decimal places to be determined for each
1. the first year of the contract as 1;
2. the second year of the contract on the basis of the data published by the Czech Statistical Office for the year n-2, where n is the calendar year for which the amount of funding is determined, as the sum of one third of the index of the annual change in nominal wages, one third of the index of the annual change in the price of works and one third of the index of the annual change in consumer prices according to the European classification of individual consumption according to the purpose (1); if the value thus calculated is more than 1,02, 0,02 shall be deducted from it; if it is lower, the value of the coefficient shall be 1; and
3. the third year of the contract as the product of the coefficient calculated for the second year and the coefficient calculated for the third year in accordance with the procedure referred to in point 2;
(c) "kz" means a profit coefficient equal to 1,04;
(d) "NQd" means the cost of repair and maintenance, excluding normal and winter maintenance, for 1 kilometer of motorways to meet the qualitative requirements for roads and bridges on motorways under contract;
(e) "NQs" shall mean repair and maintenance costs excluding normal and winter maintenance for 1 km of first-class roads to meet the qualitative requirements for roads and bridges on first-class roads, as defined in the contract;
(f) "NBU" means the cost of normal and winter maintenance per km of first-class motorways and roads to meet the quality requirements for normal and winter maintenance as per the contract;
(g) "ND" means the other costs referred to in Article 2 (1) not included in the costs referred to in points (d) to (f) set at 1 mile-km of motorways and first-class roads;
(h) "Dd" means the number of motorways' laissez-passer according to the data kept by the Road and Motorway Directorate, p., on 1 January of the calendar year preceding the year for which the amount of funding granted is fixed, plus the number of motorways' laissez-km operated or planned to be operational by 30 June of the calendar year for which the amount of funding provided is fixed;
(i) "Ds" means the number of first-class road kilometres according to the data kept by the Road and Motorway Directorate, p. 1 January of the calendar year preceding the year for which the amount of funding provided is fixed, plus the number of first-class road kilometres set up or planned to be operational by 30 June of the calendar year for which the amount of funding provided is fixed.
(2) The costs per kilometer referred to in paragraph 1 shall be determined for the three-year contract, taking into account the costs actually incurred for the activities financed in the previous three-year period, the costs expected to be carried out in connection with the evaluation of the assets which the Road and Motorway Directorate (s) is entitled to manage, which have not increased the number of motorways and first-class roads, and the expected costs to meet the qualitative requirements for carrying out the activities financed under the contract.
(3) The quality requirements for the implementation of the financed activities and the cost per kilometer referred to in paragraph 1 shall be determined by the Ministry of Transport for the entire duration of the contract, unless it has, during its duration, been determined by the Ministry of Transport for the whole duration of the contract,
(a) changes in the scope or content of the activities entrusted to the Road and Motorway Directorate, p.
(b) such changes to the legislation, technical standards, technical regulations or the issue of judicial or administrative decisions which result in a change in the cost of the activities entrusted to the Road and Motorway Directorate (s) or the volume of such activities;
(c) the provision of activities related to the appreciation of assets to which the Road and Motorway Directorate (s) is entitled to manage, which have not increased the number of motorways and Class I motorways; or
(d) amendments to the qualitative requirements for the implementation of the financed activities.
(4) For the purposes of this Decree, the belt-kilometre shall mean 1 kilometre of the length of the motorway or first-class road, including connecting and diverging lanes.
Transitional provision
For contracts concluded for the years 2024 to 2026, the cost per kilometer per year referred to in Article 3 (2) shall be determined on the basis of the actual costs incurred in 2021, taking into account the expected costs to meet the qualitative requirements for the implementation of the financed activities under the contract.
Efficacy
This Decree shall take effect on 1 January 2024.
Minister:
Kupka v. r.
1) Regulation (EU) 2016 / 792 of the European Parliament and of the Council of 11 May 2016 concerning harmonised indices of consumer prices and index of prices of residential property and repealing Council Regulation (EC) No 2494 / 95.
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Regulation Information
| Citation | Decree No. 342 / 2023 Coll., on the scope of financing of the Road and Motorway Directorate, p., and the method of calculating the amount of funding provided by the State Fund for Transport Infrastructure |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
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